MB v. Durham Children’s Aid Society, 2021 CFSRB 74

CHILD AND FAMILY SERVICES REVIEW BOARD

BETWEEN:

MB

Applicant

-and-

Durham Children’s Aid Society

Respondent

INTERIM DECISION

Adjudicator: Catherine Bickley Date: October 28, 2021 Citation: 2021 CFSRB 74 Indexed As: MB v Durham Children’s Aid Society (CYFSA s.109)

INTRODUCTION

1This is an Application filed with the Child and Family Services Review Board (“CFSRB”) pursuant to section 109 of the Child, Youth and Family Services Act, 2017, SO 2017, c.14, Sched.1, (the “Act”).

BACKGROUND

2The Applicant seeks a review of the October 18, 2021 removal of foster child, LH, from her care. LH had been in the Applicant’s home since July 19, 2019 when she was three days old.

3The Application includes an October 7, 2021 letter from the Respondent regarding a verified serious occurrence. That letter does not refer to a proposed removal of LH from the Applicant’s care.

4The Application filed on October 26, 2021 was incomplete. On October 27, 2021, the Applicant provided the additional information required to complete the Application.

NOTICE REQUIREMENTS

5Section 109(7)(a) of the Act requires a society to give at least 10 days written notice of a decision to remove a child in extended society care from a foster home when that child has lived continuously with a foster parent for two years.

6When a person receives written notice under section 109(7)(a) they may apply within 10 days to the CFSRB for a review of the decision to remove the child.

ANALYSIS

7The child, LH, lived continuously with the Applicant for more than two years. She was removed from the Applicant’s home on October 18, 2021, apparently without the notice required by section 109(7)(a) of the Act.

8The Application was filed within 10 days of LH’s removal from the Applicant’s home.

9For these reasons, the Application is eligible to proceed to a hearing.

DIRECTIONS

10In order to ensure that this hearing proceeds expeditiously, the CFSRB has set the first day of hearing for November 3, 2021. A one hour teleconference will be held on that date at 2:00 p.m.

11The purpose of the first day of hearing is to:

• identify any preliminary issues, including whether the Applicant received the notice required by section 7(a) of the Act;

• provide directions about evidence and witnesses;

• set timelines for document disclosure and submission of witness statements;

• set a date or dates for continuation of the hearing; and,

• deal with any other necessary procedural matters.

12The CFSRB expects subsequent hearing day(s) will take place within a short time given the importance of resolving disputes about the removal of children from a foster home as soon as possible

CONFIDENTIALITY ORDER

13Pursuant to Rules 9.3 and 9.4 of the CFSRB’s Rules of Procedure parties and their representatives must not use, share, discuss or disclose any CFSRB documents or decisions or any other documents or information provided or used in this Application with anyone including through the media or on-line. The CFSRB prohibits the use of any of this information for any purpose outside of the CFSRB’s proceedings, except with an order of the Court or the CFSRB, as appropriate.